Apple faces new lawsuit over iPhone concept
A little-known California company is suing Apple Inc. and satellite phone company Atlantic RT, Inc. for patent infringement after having just recently beat both firms to a new patent covering mobile entertainment and communications devices.
Los Angeles-based Minerva Industries, Inc. filed the patent infringement lawsuit in theÂ*Eastern District of Texas on Tuesday,Â*just hours after having been granted United States Patent No. 7,321,783 entitledÂ*"Mobile Entertainment and Communication Device."
The 6-page formal complaint alleges that representatives from Minerva informed Apple of their pending application with the United States Patent and Trademark Office covering iPhone concepts back in November, but that Apple "waited until approximately one week before the patent was to issue before sending prior art" in an attempt to trump the filing with one of its own.
After subsequently examining both claims, however, the patent office definitively ruled in Minerva's favor, determining the claims within its application were patentable over Apple's prior art and all other art that had been submitted to the office.
"On information and belief, Apple monitored the progress of [Minerva's Application during the continued reexamination, and became aware on or about November 20, 2007 that the Patent Office rejected its contention that the Apple Prior Art rendered the claims of [Minerva's] Application invalid and had issued a notice of allowance," Minerva's attorneys at Russ August & Kabat wrote in the suit.
"As a result of these DefendantsÂ? infringement of the Â?783 Patent, Minerva has suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless DefendantsÂ? infringing activities are enjoined by this Court."
Similarly, the complaint claims, Atlantic is also liable of infringement of the '783 Patent "by, among other things, making, using, offering to sell, or selling mobile entertainment and communication devices covered by one or more claims of the Â?783 Patent, including without limitation the Thuraya SG-2520."
Minerva is seeking a permanent injunction enjoining Apple and AtlanticRT from further infringement, a judgment and order requiring both firms to pay damages, attorneysÂ? fees, as well as an award of enhanced damages due to the pair's "deliberate and willful" conduct.
Minerva on Tuesday also filed two additional suits of similar nature. One targets Research In Motion and Cricket Communications, while the other names 29 defendants, including AT&T Mobility, LG, Palm, Motorola, Nokia, Alltel, Dobson Cellular, Helio, HP, MetroPCS Wireless, Sprint Spectrum, Nextel, T-Mobile USA, Tracfone Wireless, Cellco Partnership, Virgin Mobile, HTC, Kyocera Wireless, Pantech Wireless, Sanyo, Sony Ericsson, and Samsung.
Los Angeles-based Minerva Industries, Inc. filed the patent infringement lawsuit in theÂ*Eastern District of Texas on Tuesday,Â*just hours after having been granted United States Patent No. 7,321,783 entitledÂ*"Mobile Entertainment and Communication Device."
The 6-page formal complaint alleges that representatives from Minerva informed Apple of their pending application with the United States Patent and Trademark Office covering iPhone concepts back in November, but that Apple "waited until approximately one week before the patent was to issue before sending prior art" in an attempt to trump the filing with one of its own.
After subsequently examining both claims, however, the patent office definitively ruled in Minerva's favor, determining the claims within its application were patentable over Apple's prior art and all other art that had been submitted to the office.
"On information and belief, Apple monitored the progress of [Minerva's Application during the continued reexamination, and became aware on or about November 20, 2007 that the Patent Office rejected its contention that the Apple Prior Art rendered the claims of [Minerva's] Application invalid and had issued a notice of allowance," Minerva's attorneys at Russ August & Kabat wrote in the suit.
"As a result of these DefendantsÂ? infringement of the Â?783 Patent, Minerva has suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless DefendantsÂ? infringing activities are enjoined by this Court."
Similarly, the complaint claims, Atlantic is also liable of infringement of the '783 Patent "by, among other things, making, using, offering to sell, or selling mobile entertainment and communication devices covered by one or more claims of the Â?783 Patent, including without limitation the Thuraya SG-2520."
Minerva is seeking a permanent injunction enjoining Apple and AtlanticRT from further infringement, a judgment and order requiring both firms to pay damages, attorneysÂ? fees, as well as an award of enhanced damages due to the pair's "deliberate and willful" conduct.
Minerva on Tuesday also filed two additional suits of similar nature. One targets Research In Motion and Cricket Communications, while the other names 29 defendants, including AT&T Mobility, LG, Palm, Motorola, Nokia, Alltel, Dobson Cellular, Helio, HP, MetroPCS Wireless, Sprint Spectrum, Nextel, T-Mobile USA, Tracfone Wireless, Cellco Partnership, Virgin Mobile, HTC, Kyocera Wireless, Pantech Wireless, Sanyo, Sony Ericsson, and Samsung.
Comments
Just for kicks, I went to the company's website... they seem to be only interested in patenting things and suing people but not producing any products... they could get a patent on the process...
http://www.gigatec.com/index.asp
The company profile starts off by saying they hold various patents, not what they try to do as a company.
In their press release, they call Apple's product the iphone; they can't even label it correctly: iPhone. Lame. Actually, their entire site is filled with grammatical errors. They can't be bothered to make a good presentation.
You gotta love America. You can get rich suing anyone you want.
By the way I hold the patent on a mixture of 21% oxygen, 78% nitrogen. I call it iAir and everyone on the planet Earth owes me royalties for BREATHING. If you don't want to pay up you can opt out by not breathing. Your choice.
The Lawyers have got to go...
Just for kicks, I went to the company's website... they seem to be only interested in patenting things and suing people but not producing any products... they could get a patent on the process...
http://www.gigatec.com/index.asp
Impressive. Their website looks like it was made by Web Design 1996.
there goes more of the apple stock.
This is one reason, not mentioned by the CFO,
that Apple likes to keep $18B in cash, i.e. to pay
for lawsuits and settlements.
Their website really does just say they 'hold patents' and nothing else. It's impressive.
I also like how their "News" and "Press Releases" just list who's suing who on patent infringements. It probably doesn't help much that you can patent just about anything out there with only a napkin sketch attached.
The above excerpt is taken from the patent office...Those items noted in Bold Italic Underline are currently not available on the iPhone...however, they are available on many other cellular phones. Apple may be able to work with this BS and put dummy corporations like this back in their place. I am so pissed at all of these idiots that try to take advantage of others advances, especially a DUMMY company that DOES NOTHING for people or products...Their whole purpose in life is to do what they are doing
I am so pissed at all of these idiots that try to take advantage of others advances, especially a DUMMY company that DOES NOTHING for people or products...Their whole purpose in life is to do what they are doing
I think there should be something that states if you apply for a patent you should somehow prove that you will act on it. Company I work for has many patents but also a semi-working prototype that demonstrates we at least tried.
The above excerpt is taken from the patent office...Those items noted in Bold Italic Underline are currently not available on the iPhone...however, they are available on many other cellular phones. Apple may be able to work with this BS and put dummy corporations like this back in their place. I am so pissed at all of these idiots that try to take advantage of others advances, especially a DUMMY company that DOES NOTHING for people or products...Their whole purpose in life is to do what they are doing
The iPhone has a microphone. It's how people hear me when I call them.
I'm hoping Apple fights it and puts this company next to SCO in the trash heap.
This is no Burst. This is about as hookie a patent I've seen defended. I don't think they have a chance of winning in court, but they may know this and be just looking for the easy buyout, anyway.
The iPhone has a microphone. It's how people hear me when I call them.
Yeah...I see that, meant to also highlight the record part. Currently the iPhone is incapable of recording so that is just another small piece that is not available. Granted everything there can be upgraded by software, except for the "memory card socket" which would require iPhone 2.
I am just sick and tired of seeing lawsuit after lawsuit against major companies that seem to want to make a difference. There should be a law against these leeches that try to suck the lifeblood out of a company. If you have a product with these things that are identified in the patent and can produce it, then you have a leg to stand on...if you dont then get the FRICK out of here.
Thanks for the welcome...have not needed to post here until now! Usually on Macrumors or Apple Forums
Let me see, I have a cell phone, I have an iPod, duh it OBVIOUS, let's put them together.
This crap has got to be stopped!
I think this is covered by it's obvious, it's not novel and prior art.
Let me see, I have a cell phone, I have an iPod, duh it OBVIOUS, let's put them together.
This crap has got to be stopped!
Totally agreed. I also went to read the patent and the claim was obvious, even in 2003. This company is not real and the patent is there only to exploit a loophole in patent law. The patent itself should never have been awarded.